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WESTERN RADIO SERVICES v. CITY OF BURNS

90-06-9822 E; CA A68772.

843 P.2d 988 (1992)

117 Or. App. 229

WESTERN RADIO SERVICES, INC., an Oregon corporation, Appellant, v. CITY OF BURNS, a political subdivision of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided December 16, 1992.

Attorney(s) appearing for the Case

Brian J. MacRitchie, Bend, argued the cause for appellant. With him on the brief was Merrill, O'Sullivan, MacRitchie & Petersen, Bend.

Stephen D. Finlayson, Burns, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.

DURHAM, Judge.

Plaintiff appeals from a summary judgment for defendant. The principal issue is whether the trial court had authority to grant a summary judgment on an issue raised in the pleadings but not raised in the motion for summary judgment. We affirm.

The City of Burns sought bids on an emergency telephone system. Plaintiff submitted a bid, but the city chose a competitor's bid. Plaintiff brought an action under former ORS 279.067

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